Township of Park, MI
Ottawa County
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[Ord. No. 97-1, 1-9-1997]
The purpose of this article is to establish the standards, priorities and procedures to be utilized by the Township Board in exercising the authority granted to it by the Michigan liquor control code of 1998, Public Act No. 58 of 1998 (MCL 436.1101 et seq.), with respect to licenses to sell beer and wine and/or spirits for consumption on the premises. This article is intended to provide standards, priorities and procedures which will permit the Township Board to exercise its authority under such act for the maximum benefit of the Township and its persons and property.
[Ord. No. 97-1, 1-9-1997]
This article shall apply to the following actions of the Township Board concerning licenses to sell beer and wine and/or spirits for consumption on the premises:
(1) 
Approval or disapproval of license applications;
(2) 
Approval or disapproval of the transfer of existing licenses from person to person or from place to place;
(3) 
Approval or disapproval for upgrading the classification of existing licenses from sales of beer and wine to sales of beer, wine and spirits;
(4) 
Requests for revocation of existing licenses; and
(5) 
Filing objections to renewal of existing licenses with the state liquor control commission (the commission).
[Ord. No. 97-1, 1-9-1997]
(a) 
A person making application under the liquor control act for a new liquor license, the transfer of an existing liquor license or the upgrading of the classification of an existing liquor license to sell beer, wine and/or spirits for consumption on the premises at any location within the Township shall apply to the Township Board for approval. Application shall be made to the Township Clerk on a form prescribed by the Clerk, and shall state, under oath, such facts and information as may be reasonably necessary to determine whether the approval should be granted. The application shall be accompanied by a fee in the amount set by resolution of the Township Board. The license application shall contain, unless waived by the Township Board, the following statements and information:
(1) 
The name, age and business address of the applicant. If the applicant is a corporation, the names and addresses of all the directors, officers, and shareholders owning a 5% interest or more therein shall be given. If the applicant is a partnership, the name and address of each partner shall be given. If the applicant is a limited liability company, the name and address of each member shall be given;
(2) 
The places at which the applicant's businesses will be located, and the proposed hours of operation for each such business;
(3) 
The nature and character of the food, merchandise or service to be sold or offered for sale by the applicant to members of the public;
(4) 
The applicant's experience, financial capability, history of experience as a liquor licensee, proposed menus and other facts or proposals pertinent to the applicant's business;
(5) 
A list of all assumed, trade or firm names under which the applicant intends to do business;
(6) 
Whether the applicant has ever made application to the commission or any local unit of government for a similar or other license at a location other than described in this application, and the disposition of such application;
(7) 
Whether or not the applicant or person conducting or managing the applicant's business has been convicted of a felony or nontraffic misdemeanor, and if so, the full particulars in connection therewith. If the applicant is a corporation, this information shall be provided for all of the directors, officers, and shareholders owning a 5% interest or more therein. If the applicant is a partnership, the information shall be provided for each partner. If the applicant is a limited liability company, the information shall be provided for each member; and
(8) 
Such other information as the Township Board shall reasonably require.
(b) 
The application shall be accompanied by building and site plans showing the entire structure and premises where the license is to be utilized. The building plans shall show floor plans, kitchen layout, seating arrangements, planned building alterations and other pertinent physical features. The site plan shall demonstrate adequate off-street parking, lighting, refuse disposal facilities and, where appropriate, adequate plans for screening and noise control.
(c) 
The Township Board may refer the application to any appropriate department, authority or agency for review, report and recommendation.
[Ord. No. 97-1, 1-9-1997]
An application for approval of a new liquor license, or transfer or upgrade of the classification of an existing liquor license, shall be denied by the Township Board if it finds that any one or more of the following conditions exist:
(1) 
The applicant was previously a licensee whose license was, for cause, recommended for revocation or nonrenewal by the Township Board, or revoked by the commission;
(2) 
The applicant has been convicted of a violation of any federal or state law concerning manufacture, possession or sale of liquor;
(3) 
The applicant is a corporation which has a director, officer, or shareholder owning a 5% interest or more therein, who, if he was the sole applicant, would require mandatory denial pursuant to this section;
(4) 
The applicant is a partnership which has a partner, who, if he was the sole applicant, would require mandatory denial pursuant to this section;
(5) 
The applicant is a limited liability company which has a member, who, if he was the sole applicant would require mandatory denial pursuant to this section;
(6) 
The applicant's place of business will be managed or controlled by a person who would, if he was an applicant, require mandatory denial pursuant to this section;
(7) 
The applicant is a person who does not own the premises for which a license is sought or does not have a lease therefor for the full period for which the license is sought;
(8) 
The applicant's or licensee's premises has or will have one or more violations of the applicable building, electrical, mechanical, plumbing, fire, public health, sanitation, housing or other similar codes and ordinances of the Township or the state, or is not in compliance with the Chapter 38, pertaining to zoning.
[Ord. No. 97-1, 1-9-1997]
An application for approval of a new liquor license, or transfer or upgrade of the classification of an existing liquor license, may be denied by the Township Board if, by majority vote of all members, it finds that any one or more of the following conditions exist:
(1) 
The sale of beer, wine or spirits will not be incidental and subordinate to other permitted uses upon the premises such as food sales, a motel operation or recreational activity. If the primary use of the premises is food sales, such determination shall be made based on the applicant's compliance with the following criteria:
a. 
The licensed premises must have a table dining capacity (as opposed to counter or bar seating capacity) of at least 50 patrons;
b. 
The dining area shall be separated from any counter or bar used primarily for dispensing alcoholic liquor;
c. 
The dining area must have at least 15 square feet of floor space per patron;
d. 
The area containing the counter or bar must have floor space not more than 20% of the floor space of the dining area; and
e. 
At least 60% of the gross revenue is or will be derived from food sales.
(2) 
The premises does not, or will not reasonably soon after commencement of operations, have adequate off-street parking, lighting, refuse disposal facilities, screening, noise or other nuisance controls.
(3) 
The proposal location is inappropriate considering:
a. 
Potential traffic safety hazards;
b. 
Accessibility to the premises from abutting roads;
c. 
Proximity to residential areas taking into account the attitude of adjacent residents;
d. 
The distance from churches, schools, day care centers or similar facilities; and
e. 
The preference for locating such establishments in developed commercial areas rather than in rural or residential areas.
(4) 
The applicant's financial capability, experience with similar facilities, or other relevant factors are such that there is a likelihood that the applicant will fail to conform his conduct to the requirements set forth in this article or other Township ordinances or any applicable state statute or code.
(5) 
The applicant has made a negligent or intentional misrepresentation concerning any material fact in the application or in any oral or written information submitted to the Township Board.
[Ord. No. 97-1, 1-9-1997]
In exercising its authority under the Liquor Control Act for the maximum benefit of the Township and its persons and property, the Township Board shall, in deciding whether to approve a new license, transfer an existing license or upgrade the classification of an existing license, consider the priorities set forth in this section which are listed in decreasing order of their importance to the Township and its persons and property:
(1) 
Motel, hotel or other lodging facilities which also have restaurants, meeting rooms and banquet facilities;
(2) 
Restaurants and banquet facilities having a table seating capacity in excess of 100 persons which are located in a resort service zoning district;
(3) 
Restaurants and banquet facilities having a table seating capacity of 100 persons or less which are located in a resort service zoning district;
(4) 
Restaurants and banquet facilities which are located in a neighborhood business zoning district;
(5) 
A supper club or dinner theater facility in which high quality food service is the main source of income; and
(6) 
A bar, tavern, cocktail room or lounge, whether or not used in combination with a restaurant, in which 60% or more of the gross revenue of the entire facility is derived from food sales.
[Ord. No. 97-1, 1-9-1997]
Notwithstanding the terms and conditions of this article, the Township Board is under no obligation to distribute any of the remaining unissued licenses available at any given time.
[Ord. No. 97-1, 1-9-1997]
Township approval of a liquor license (new, transfer or upgrade) or the renewal of a liquor license shall remain in effect for a term which shall expire on the same date as the license itself unless revocation shall be requested sooner pursuant to Section 4-27. All approvals shall be granted subject to the general condition that the applicant shall comply with all representations and assurances contained in the application and in any oral or written information submitted to the Township Board, including building and site plans. Approval can also be made subject to specific conditions imposed by the Township Board.
[Ord. No. 97-1, 1-9-1997]
The Township Board may, by majority vote of all members, object to the renewal of an existing liquor license or request revocation of an existing liquor license upon any one or more of the following grounds:
(1) 
Any remodeling or construction identified as necessary for the use of the licensed premises at the time the license was approved or renewed has either not been commenced within six months or completed within one year. These time periods shall run from the date of approval or renewal of the liquor license by the commission;
(2) 
The licensee or licensed premises meets any of the mandatory grounds for disapproval set forth in Section 4-22;
(3) 
The operation of the licensee's business or the circumstances and conditions surrounding the licensee's business have changed such that the licensee or licensed premises meets any of the discretionary grounds for disapproval set forth in Section 4-23;
(4) 
The licensee maintains a nuisance upon the licensed premises;
(5) 
The licensee has made a negligent or intentional misrepresentation concerning any material fact;
(6) 
The licensee has failed to comply with any general or specific condition imposed pursuant to Section 4-26; or
(7) 
The license has not been activated by the licensee within a reasonable time after approval by the Township Board.
[Ord. No. 97-1, 1-9-1997]
(a) 
Before the Township Board may take action to deny approval of any new application, transfer or upgrade of classification, or request revocation of an existing license or file objections to the renewal of an existing license, the applicant or licensee shall be entitled to a hearing before the Township Board. The Township Clerk shall give the applicant or licensee notice of the right to a hearing by first class mail. Such notice shall contain the following:
(1) 
A statement that in order to have a hearing, the applicant or licensee must request one within 10 days of receipt of the notice;
(2) 
A statement that if a hearing is held, the applicant or licensee may be present to present evidence and testimony and confront adverse witnesses; and
(3) 
If the issue is a renewal or revocation, the tentative reasons for the proposed action.
(b) 
If the applicant or licensee requests a hearing within 10 days of receipt of the notice, the Township Clerk shall give the applicant or licensee notice of a hearing by first class mail, mailed not less than 10 days prior to the hearing. The notice of hearing shall provide the date, time and place of the hearing.
(c) 
Following the hearing, or following the expiration of the ten-day hearing request period if a hearing is not requested, the Township Board shall submit to the commission a resolution setting forth the action taken and a written statement of its findings of fact and the basis for its action. The Township Clerk shall forward, by first class mail, a copy of the board's action to the commission within 20 days of the date of the board's action.